Risk Management

2018 September Bulletin: ED & After-Hours Calls

September 2018 Risk Management Bulletin

ED and After-Hours Call Issues
Our Risk Management Hotline routinely receives calls from insureds about on-call issues. Some want to know how to respond to queries from the ED when they are not on-call. Others have questions about patients referred from the ED to their practice for post-discharge care. OMIC Risk Management has documents that provide an overview of EMTALA (the Emergency Medical Treatment and Active Labor Act) and describe your responsibilities in common scenarios involving after-hours care (see links at right).

Your OMIC Professional Liability policy includes the Broad Regulatory Protection Policy (BRPP) that provides coverage for many types of regulatory issues, including EMTALA violations, and reimburses for legal fees, certain audit expenses, and fines and penalties (when allowed by law), up to $100,000.

An online course on EMTALA (“Telephone Screening: Liability Issues and Guidelines”) is available, and insureds can earn a 5% premium discount when they complete the course and accompanying post-test.

Be aware that in addition to the federal requirements under EMTALA, there also may be state laws or regulations governing emergency room care, as well as duties imposed by hospital medical staff by-laws or HMO contracts. Ophthalmologists should verify their understanding of these other laws and regulations to make sure they are in compliance.

EMTALA and After-Hours Call Resources:
EMTALA. Emergency Medical Treatment and Active Labor Act

After hours contact form and recommendations